Rajasthan High Court
Sajjan Singh Chauhan S/O Raghu ... vs State Of Rajasthan on 31 January, 2022
Bench: Uma Shanker Vyas
(1 of 4) [CRLR-740/2021]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Revision Petition No. 740/2021
Sajjan Singh Chauhan S/o Raghu Singh Chauhan, Resident Of
Aankli Shivdas Tehsil Shamgarh District Mahdasaur (Mp)
----Petitioner
Versus
State Of Rajasthan, Through P.p
----Respondent
For Petitioner(s) : Mr. Rohit Khandelwal, through VC
For Respondent(s) : Mr. Rajendra Yadav, PP
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
31/01/2022
This criminal revision petition has been filed against
the order dated 12.07.2021 passed by the learned Special
Judge (NDPS Cases) and Additional Sessions Judge Bhawani
Mandi, District Jhalawar, whereby the application filed by the
accused-petitioner under Section 451 Cr.P.C for releasing the
Motorcycle Bajaj Platina bearing Registration No.MP14-MN-6515
has been dismissed.
It is contended by the learned counsel for the petitioner
that the petitioner is registered owner of the vehicle and there is
no other rival claim for its release. Relying on the judgments of
the Hon'ble Apex Court of India in cases of Sunderbhai
Ambalal Desai vs. State of Gujarat, (2002) 10 SCC 290
(2 of 4) [CRLR-740/2021]
and Coordinate Bench Judgments dated 14.08.2012 in
S.B. Criminal Miscellaneous Petition No.2682/2012, Phool
Singh vs. State of Rajasthan and in cases of Bal Mikand vs.
State,1994 Cri Lr (Raj) 4, Prakash Chand vs. State of
Rajasthan, S.B. Criminal Miscellaneous Petition
No.416/2010 decided on 12.03.2010 & Laxman vs. State
of Rajasthan, S.B. Criminal Miscellaneous Petition
No.61/2018 decided on 16.04.2018, learned counsel
submitted that vehicle be given to the petitioner on furnishing
'supurdginama'.
Opposing the prayer, learned Public Prosecutor submitted
that vehicle in question was used for commission of offence
under the provisions of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for brevity "the Act of 1985") and can be
subject-matter of confiscation under Section 60 of the Act of
1985 and hence, the petitioner is not entitled for release of the
vehicle in his favour.
Heard learned counsels for the parties and perused the
record.
It is undisputed that petitioner is registered owner of the
vehicle in question which has not been claimed by any other
person. Now, it is no more res integra that vehicle seized under
the provisions of the Act of 1985 can be released in favour of its
registered owner; though, may be an accused, if no order of
confiscation has been passed, which has not been done in the
present case.
(3 of 4) [CRLR-740/2021]
In these circumstances, this criminal revision petition
deserves to be allowed and is accordingly allowed. The order
dated 12.07.2021 passed by the learned Special Judge (NDPS
Cases) and Additional Sessions Judge Bhawani Mandi, District
Jhalawar is quashed and set aside. It is directed that the
Motorcycle Bajaj Platina No.MP14-MN-6515 be released in
favour of the petitioner on 'supurdginama' on his producing
original registration certificate and on satisfying following
conditions:-
(1) He furnishes a personal bond in the sum of
Rs.1,00,000/- with two sureties of Rs.50,000/-each
to the satisfaction of the trial Court undertaking to
produce the vehicle in question in the Court as and
when required to do so.
(2) He shall get the vehicle in question
photographed showing the registration number as
well as the chassis number. Such photograph shall
be taken in the presence of the Investigating
Officer, to be kept on the file of the case.
(3) The personal bonds of the petitioner and bonds
of sureties shall carry the photographs of the
petitioner and his sureties and the bond of sureties
shall further carry the photographs of persons
identifying them before the Court with full
residential particulars of the sureties and the
persons identifying them.
(4) The petitioner shall undertake not to transfer the
(4 of 4) [CRLR-740/2021]
ownership of the vehicle in question and not to lease it to
anyone and not to make or allow any changes in it to be
made so as to make unidentifiable and produce the same
before the court as and when required.
(UMA SHANKER VYAS),J
CHHAYA AWASTHI /15
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